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Agenda 04/23/2013 Item #16C2
4/23/2013 16.C.2. EXECUTIVE SUMMARY Recommendation to award a contract to AECOM USA, Inc., in the not -to- exceed amount of $649,960 under Request for Proposal No. 13 -6010, "Public Utilities Master Plan," Project Number 70031, and authorize the necessary budget amendments. OBJECTIVE: Obtain professional engineering services for the 2013 Public Utilities Master Plan (Plan) that will address water and wastewater utility projects needed to meet the demand for services related to population growth, and to maintain regulatory compliance. Projects to be identified in the Plan include capital improvements, rehabilitations, reliability, and planning projects related to Collier County Water - Sewer District ( CCWSD) infrastructure. CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County Commissioners (Board) adopted the 2008 Water Master Plan Update and 2008 Wastewater Master Plan Update that identified the requirement for continued master plan updates. This project is consistent with the 2008 Water Master Plan Update, Projects 70070 and 75007, "Water Master Plan Updates" as shown in Section 8, Table 8 -2, Pages 1 and 4 of 5, Lines 2 and 128; and with the 2010 Water CIP Update, Pages 2 and 4 of 4, Lines 35 and 135, as identified in the 2011 User Fee Rate Study. This project is also consistent with the 2008 Wastewater Master Plan Update, Projects 73066 and 75007, "Wastewater Master Plan Updates" as shown in Section 8, Table 8 -2, Pages 1 and 3 of 5, Lines 10 and 109; and with the 2010 Wastewater CIP Update, Pages 1 and 4 of 4, Lines 36 and 148, as identified in the 2011 User Fee Rate Study. The CCWSD initiated user and impact fee rate studies that will be integrated with the Plan using concurrent capital improvement projects that are driven by risk -based asset condition assessments. In this process, various levels of capital improvement projects will be prioritized with corresponding levels of funding, risk, and service. On February 26, 2013, as Agenda Item 11J (originally 16.C.2.), the Board approved the selection committee rankings that positioned AECOM USA, Inc., to provide the required professional services under Request for Proposal No. 13 -6010, "Public Utilities Master Plan," and authorized staff to enter into contract negotiations. Staff and AECOM USA, Inc. successfully negotiated a contract in the not -to- exceed amount of $649,960. AECOM USA, Inc. is qualified and has extensive experience providing professional utility design engineering services. Staff recommends approval of this contract. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2013 Capital Budget approved by the Board on September 20, 2012. The source of funding is Water User Fees Fund (412) and Wastewater User Fees Fund (414). Budget amendments in the amounts of $180,246 and $195,025 will be required from Wellfield Repair Project 70030, Fund (412), and North County Water Reclamation Facility Project 73950, Fund (414), respectively. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient and requires a majority vote for approval. - ERP GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District, award the attached contract to AECOM USA, Inc., in the not- to- exceed amount of $649,960 under Request for Proposal No. 13 -6010, "Public Utilities Master Plan," Packet Page -937- 4/23/2013 16.C.2. Project Number 70031; authorize the Chairwoman to execute the contract after review and approval by the County Attorney's Office; and authorize the necessary budget amendments. Prepared By: Nathan Beals, Project Manager, Public Utilities Planning and Project Management Department Attachments: Contract and Request for Proposal 13 -6010 Packet Page -938- 4/23/2013 16.C.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.2. Item Summary: Recommendation to award a contract to AECOM USA, Inc., in the not -to- exceed amount of $649,960 under Request for Proposal No. 13 -6010, "Public Utilities Master Plan," Project Number 70031, and authorize the necessary budget amendments. Meeting Date: 4/23/2013 Prepared By Name: Nathan Beals Title: Project Manager, Associate,Public Utilities Engine 3/15/2013 3:38:22 PM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 3/21/2013 8:22:37 AM Name: Steve Messner Title: Plant Manager,Water Date: 3/21/2013 12:41:57 PM Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities F Date: 3/21/2013 3:07:23 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 3/21/2013 3:42:21 PM Name: RodriguezDan Title: Director - Solid Waste,Solid Waste Date: 3/22/2013 4:14:04 PM Name: Paul Mattausch Title: Director - Water,Water Date: 3/25/2013 4:27:37 PM Packet Page -939- Name: JacobsSusan Title: Operations Analyst, Public Utilities Date: 4/3/2013 2:29:27 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 4/5/2013 11:36:44 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 4/5/2013 11:41:46 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 4/5/2013 11:48:52 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 4/6/2013 9:28:51 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 4/9/2013 3:52:21 PM Name: KlatzkowJeff Title: County Attorney Date: 4/11/2013 8:48:25 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/12/2013 3:07:02 PM Name: OchsLeo Title: County Manager Date: 4/12/2013 4:58:23 PM Packet Page -940- 4/23/2013 16.C.2. 4/23/2013 16.C.2. Contract # 13 -6010 Public Utilities Master Plan PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 11 20 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and AECOM Technical Service, Inc., authorized to do business in the State of Florida, whose business address is 4415 Metro Parkway Suite 404, Fort Myers, FL 33916, (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting /Planning services of the CONSULTANT concerning Public Utilities Master Plan (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY i Packet Page -941- A 4/23/2013 16.C.2. I.I. CONSULTANT shall provide to OWNER professional Consulting /Planning services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Ronald Cavaliers, PE. a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by 2 Packet Page -942- CA 4/23/2013 16.C.2. CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required 3 Packet Page -943- CA 4/23/2013 16.C.2. deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. 4 Packet Page -944- `� 4/23/2013 16.C.2. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall fumish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. s Packet Page -945- 9 4/23/2013 16.C.2. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 6 Packet Page -946- 9 4/23/2013 16.C.2. 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; 7 Packet Page -947- 4/23/2013 16.C.2. (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. s 9, Packet Page -948- 4/23/2013 16.C.2. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 9 Packet Page -949- � 4/23/2013 16.C.2. 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may 10 Packet Page -950 -� 4/23/2013 16. C .2. be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. CONSULTANT'S obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and cant', at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 11 Packet Page -951- cA 4/23/2013 16.C.2. 9.2 All insurance shall be from responsible companies duly authorized to do business in the AMW State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self - insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN 12 G Packet Page -952- 4/23/2013 16.C.2. SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub - subcontractors. 13 Packet Page -953- Cq 4/23/2013 16.C.2. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this 14 Packet Page -954- CA 4123/2013 16.C.2. Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder 15 Packet Page -955- CA 4/23/2013 16.C.2. are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for 16 CAUL Packet Page -956- 4/23/2013 16.C.2. CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 17 4� Packet Page -957- `� 4/23/2013 16.C.2. 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT AW to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United Stater-.,,, Postal Service Department, first class mail service, postage prepaid; addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing. Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Joanne Markiewicz, Interim Purchasing /General Services Director Telephone: 239 - 252 -8407 Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: AECOM Technical Service, Inc. 4415 Metro Parkway Suite 404 Fort Myers, FL 33916 Telephone: 239 - 278 -7996 Attn: Lee Grant, PE, Vice President Fax: 239 - 278 -0913 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. is Packet Page -958- G 4/23/2013 16.C.2. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE 19 Packet Page -959- G� 4/23/2013 16.C.2. Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 13 -6010 Terms and conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 20 Packet Page - 960 - ce 0) 4/23/2013 16.C.2. "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 21 Packet Page -961- ��,� 4/23/2013 16.C.2. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank * * * * * * * * * * * * * * * * * * * ** 22 Packet Page -962- Lil 4/23/2013 16.C.2. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consulting /Planning Services the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: Date: Approved as to form and legal sufficiency: (r"' Assistant County Attorney Witness Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Georgia A. Hiller, Esq., Chairwoman AECOM Technical Services, Inc. Typed Name and Title 23 Packet Page -963- G� 4/23/2013 16.C.2. SCHEDULE A SCOPE OF SERVICES 13 -6010 Public Utilities Master Plan TASK 1 — PROJECT MANAGEMENT Task 1.1 - Project Management Plan CONSULTANT will prepare a Project Management Plan for the development and execution of the Public Utilities Master Plan. The Project Management Plan will include the following: • Vision, Mission, guiding principles, project goals and objectives • Work breakdown structure • Communication protocol, which includes identification of the Project Delivery Team and project stakeholders • Documents management system • Budget and project schedule • Monitoring and reporting plan • Deliverable submittal and review process plan, including definition of all project deliverables • QA/QC plan, including requirements for creating consistent deliverable documents that will meet the high quality standards necessary to make the project a success. Deliverables: CONSULTANT will prepare a draft Project Management Plan for review and comment. After addressing the COUNTY's comments, CONSULTANT will submit a final Project Management Plan. Task 1.2 - Monthly Status Reports /Review Meetings Monthly meetings with COUNTY representatives will be conducted throughout the project to keep the COUNTY informed of the project progress, and to obtain input and direction as required on outstanding project matters. A firm day and time will be established for all meetings. Meeting objectives will be to provide progress updates, and reach decisions on critical matters. The CONSULTANT will prepare and distribute agendas and minutes for each meeting incorporating agenda items and meeting minute corrections provided by the COUNTY. Agendas will be submitted to the COUNTY at least two days prior to the meeting. Draft minutes will be submitted to the COUNTY no more than three (3) working days following each meeting; COUNTY will provide comments to CONSULTANT no more than three working days after receipt of draft minutes. To the extent possible CONSULTANT will minimize travel time by using conference calls to conduct progress meetings. Project Status Reports will be completed monthly and include the following information: • Recent progress • Budget and schedule status, including earned value management analysis in accordance with Project Management Institute's (PMI's) Project Management Body of Knowledge (PMBOK) Guide Book. • Planned activities • Critical matters In- progress review meetings will be conducted to provide an overview of the project activities and request guidance and direction from the Project Delivery Team on critical matters. Meeting 24 Packet Page -964 - 4/23/2013 16.C.2. Minutes will be prepared for each progress meeting and distributed to the Project Delivery Team and project stakeholders. In addition to the in- progress review meetings, CONSULTANT will conduct a series of six (6) facilitated workshops with the Project Delivery Team and project stakeholders for completion of the Public Utilities Master Plan. Workshop details are presented within the specific tasks outlined in the scope of services. Task 1.3 - Coordinate Project Activities For the duration of the project, CONSULTANT's Project Manager will coordinate all project activities to make sure that the project remains focused on the defined scope, schedule and budget. The project manager will serve to coordinate with the COUNTY project manager as well as the CONSULTANT's Task Leaders to coordinate activities and deliver the work products and deliverables. The estimated project duration is 7 months with a goal of delivering a Summary Report for presentation to the Board of County Commissioners in October 2013. Deliverables: CONSULTANT will provide the following deliverables under this task: • Project Management Plan • Monthly Progress Reports and Progress Meeting Notes TASK 2 — DATA COLLECTION AND REVIEW Task 2.1 - Collect and Review Data The existing information /documents listed below will be obtained and reviewed by CONSULTANT. It is assumed that the COUNTY will assist CONSULTANT in identifying the critical information that should be considered in development of the Public Utilities Master Plan. • Collier County Public Utilities Division, 2008 Wastewater Master Plan Update • Collier County Public Utilities Division, 2008 Water Master Plan Update • Collier County Public Utilities Division, 2012 Annual Update Inventory and Report (AUIR) — Wastewater System • Collier County Public Utilities Division, 2012 Annual Update Inventory and Report (AUIR) — Potable Water System • SFWMD Lower West Coast Water Supply Plan, 2012 Update • Irrigation Quality Water Master Plan • Collier County Watershed Management Plan, November 2011 • SFWMD, Feasibility Study for the Regional Irrigation Distribution System (RIDS) Sub - Region 1, December 2004 • SFWMD /USACOE Southwest Florida Feasibility Study • Existing databases, spreadsheets, and asset inventories for utility management system. • Basis of design documentation and record information for existing water and wastewater treatment facilities • Existing water use permits and operating permits for water and wastewater treatment facilities • Historical flow, groundwater monitoring, and water quality data from Collier COUNTY for fresh and brackish groundwater supplies. Obtain historical wellfield performance data. • Historical flow and operation data for existing WWTPs, and WTPs, including: • Monthly operating reports (MORs) • Daily monitoring reports (DMRs) • Consumer confidence reports • Compliance monitoring data 25 Packet Page -965- CA 4/23/2013 16.C.2. • GIS Geodatabase for the Collier County Public Utilities existing water, wastewater, and irrigation quality water systems • Calibrated Hydraulic models for Collier County Public Utilities existing water distribution, wastewater conveyance, and irrigation quality water distribution systems. • Population planning documents from Collier COUNTY Growth Management Department Comprehensive Planning Section. Planning documents will include: • GIS Shapefile and geodatabase of Traffic Area Zones (TAZs) for the potable water and wastewater service areas • Excel spreadsheet on DUs and population details for 2010 -2011 and 2011 -2012 • GIS Shapefile and geodatabase for existing and future land use • GIS Shapefile and geodatabase on Planned Unit Development (PUD) areas and future growth areas • Excel spreadsheet with raw data for future population based on 2010 census data at block level, which rolls up to the TAZs. • Excel spreadsheet at census block level for existing 2010 population. • Excel spreadsheet with PUD data Task 2.2 - Documents Management System Under this task the CONSULTANT will establish a documents management system in accordance with the Project Management Plan, and meet with the COUNTY to identify critical information. The document management system will include a secure, internet based site such as SharePoint or ftp site to which all team members can have access to review, share, and post data and project documents. In addition to the SharePoint site, the electronic documents will also be housed on CONSULTANT's file server. Task 2.3 - Workshop #1 — Review Existing Data and Planned Activities CONSULTANT will prepare for and conduct Workshop #1. The purpose of this Workshop is to review existing data and planned activities for development of population and demand /flow projections, water supply evaluation, and existing treatment capacity assessment. Deliverables: CONSULTANT will provide the following deliverables under this task: • Workshop #1 — Presentation on existing data and planned activities TASK 3 — WATER RESOURCE EVALUATION CONSULTANT will summarize available water supply options including surface water and groundwater sources, along with reclaimed water. These resources will be summarized along with various management techniques such as aquifers storage and recovery (ASR) to find a balanced way to supply both potable water and IQ water demands. CONSULTANT will utilizes existing data provided by the COUNTY to summarize the available water supply sources. Task 3.1 - Summarize Surface Water Supply CONSULTANT will summarize the potential for development of surface water supply based on results of previous studies provided by the COUNTY. CONSULTANT anticipates that the following sources of surface water in Collier County will be considered: • Golden Gate Canal • Cocohatchee River 26 Packet Page - 966 - 4/23/2013 16.C.2. • Henderson Creek • Other significant stormwater /surface water sources Task 3.2 - Summarize Fresh Groundwater Supply Fresh raw groundwater is currently supplied to the COUNTY from wellfields serving the NCRWTP and the SCRWTP. These wellfields supply fresh groundwater from Lower Tamiami aquifer. Areas of potential additional fresh groundwater withdrawals in the COUNTY will be summarized and discussed with respect to hydrogeologic considerations, existing infrastructure, access considerations, and permitting issues. The following sources of fresh groundwater will be considered: • Surficial aquifer • Lower Tamiami aquifer Task 3.3 Summarize Brackish Groundwater Supply Brackish groundwater is currently a raw water supply source for both the NCRWTP and SCRWTP. Brackish water from the Hawthorn Zone 1 and Lower Hawthorn aquifers are used at these WTPs. The following sources of brackish groundwater will be considered: • Mid Hawthorn Zone 1 aquifer • Lower Hawthorne aquifer The summary will include examination of potential brackish well and wellfield locations in the vicinity of future WTP sites, including review of well yield and aquifer salinity. Existing and planned water treatment infrastructure will be evaluated with respect to increased reverse osmosis (RO) brackish water treatment. Since deep injection wells (DIWs) are typically needed for disposal of RO concentrate, capacities of existing and planned DIWs will be reviewed. The costs of permitting and construction of DIWs is typically a significant factor in developing additional RO treated water supply. CONSULTANT will compile background information on the quantity, quality and timing of the identified water supplies from historical consumption, production and water quality records; previous studies identifying or characterizing potential sources, etc. Task 3.4 - Summarize Reclaimed Water Supply CONSULTANT will review the existing and anticipated reclaimed water production capacity and distribution system in the Master Plan. CONSULTANT will perform an assessment of the existing reclaimed water supply to supply the irrigation quality water system and other potential uses. The assessment will include the following: • Utilize reclaimed water from WWTPs for use in the irrigation quality water system. CONSULTANT will evaluate the quantity, quality and timing of reclaimed water available from the following facilities: • South County Water Reclamation Facility (SCWRF) • North County Water Reclamation Facility (NCWRF) • CONSULTANT will summarize the potential of utilizing reclaimed water from WWTPs for other potential uses as follows: • indirect potable water supply • fresh groundwater aquifer recharge • a barrier to saline water migration 27 Packet Page -967- CA 4/23/2013 16.C.2. • wetland hydration • potable water off -sets Task 3.5 - Water Resource Evaluation Technical Memorandum CONSULTANT will prepare a Technical Memorandum summarizing the results of the activities described above. The TM will include a description of the regulatory requirements to be addressed in pursuing each of the water resource options. CONSULTANT will prepare and submit to the COUNTY a draft Water Resource Evaluation TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 3.6 - TM Review Meeting with COUNTY and Final TM CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. CONSULTANT will address the COUNTY's comments and will submit the final Water Resource Evaluation TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum — Water Resource Evaluation TASK 4 — POPULATION AND DEMAND /FLOW PROJECTIONS CONSULTANT will determine existing and future population and demands/flows within the Collier County Water and Sewer District service areas over the planning horizon outlined in the RFP. Separate projections will be made for potable water and irrigation quality water demands, and wastewater flow. COUNTY will be responsible for determining population projections based on planning areas defined by the CONSULTANT. Task 4.1 - Identify Planning areas CONSULTANT will identify existing currently served areas and potential service expansion areas. CONSULTANT will develop shapefiles to delineate the water and wastewater service areas in greater detail. The shapefile for the wastewater service area will delineate each of the COUNTY's master pump station sewer sheds and future service areas. The master pump station sewer shed shapefile will be developed based on the COUNTY's wastewater system GIS geodatabase. The shapefile for the water service area will subdivide the service area to facilitate allocation of future water demands and will likely follow the COUNTY's existing population planning areas (TAZs). Task 4.2 - Population Forecasts The COUNTY's Comprehensive Planning Section (CPS) will provide the population projections for the planning areas and over the planning horizon defined by CONSULTANT. CONSULTANT will coordinate with the CPS to assist COUNTY in defining the requirements for the population projections. 28 Packet Page -968- CA 4/23/2013 16.C.2. Task 4.3 - Develop Demand /Flow Projections CONSULTANT will develop potable water demands and wastewater flows for the COUNTY Water and Sewer District service areas. The COUNTY's potable water demands will be based upon the projected population for the WTP service areas and estimated per capita consumption rates and peaking factors. The potable water demands will be determined as follows: • Review current water demand /consumption data. Current water demands will be geographically linked to customer data. • Review current WTP production data • Estimate non - revenue producing water • Estimate per capita water demand • Develop peaking factors for the following: • Annual Average Day Demand (AADD) • Maximum Month Day Demand (MMDD) • Maximum Day Demand (MDD) • Peak Hour Demand (PHD) • Develop typical diurnal demand curve for dry season and wet season • Develop potable water demand projections over the planning horizon outlined in the RFP. Potable water demand projections and increases in projected demand will be geographically linked to where growth is expected to occur. The projected wastewater flows will be based on the projected population of the WWTP service areas and estimated per capita wastewater flow and peaking factors. The wastewater flows will be determined as follows: • Review current influent wastewater flow data for the WRFs • Review current wastewater conveyance data • Estimate per capita wastewater flow rates • Develop peaking factors for the following • Annual Average Daily Flow (AADF) • Maximum Month Daily Flow (MMDF) • Maximum 3 -day Flow (M3DF) • Peak Hourly Flow (PHF) • Develop wastewater flow projections over the planning horizon outlined in the RFP. Wastewater flow projections will be geographically linked to the wastewater collection sewer sheds and assigned to the corresponding wastewater lift station. Irrigation Quality Water Demands will be determined as follows: • Review current IQ customer demand data • Identify potential large IQ customers and demands within Collier COUNTY Water and Sewer District service area • Develop IQ water demand projections over the planning horizon outlined in the RFP. The demand projections.will be linked to GIS • COUNTY will provide existing database for potential IQ customers and estimated demands. Evaluate potential benefits of dual potable water/ IQ water distribution systems in new residential areas. Evaluate to what extent the COUNTY should provide IQ water to customers that are already /or will be self- served. Identify areas where irrigation water is provided from the potable water distribution system and determine benefit of supplying irrigation quality water. Task 4.4 - Draft Population and Demand /Flow Projections Technical Memorandum 29 Packet Page -969- CA 4/23/2013 16.C.2. CONSULTANT will prepare and submit to the COUNTY a draft Population and Demand /Flow Projections TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 4.5 - Final Population and Demand /Flow Projections Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Population and Demand /Flow Projections TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum — Population and Demand /Flow Projections (including CD with GIS Shapefiles for Planning Areas) TASK 5 — EXISTING TREATMENT CAPACITY EVALUATION AND GAP ANALYSIS CONSULTANT will complete an assessment of Collier COUNTY's existing water resource facilities, including the WTPs, WWTPs and wellfields to determine current sustainable potable water supply and wastewater treatment capacity based on results of previous studies provided by the COUNTY. Task 5.1 - Evaluate Capacity of Existing Water Treatment Plants and Wellfields The COUNTY's existing potable water supply system is comprised of raw groundwater supply wells, raw water transmission mains, two WTPs, transmission and distribution pipelines, and remote water storage and pumping facilities. CONSULTANT will prepare a complete summary of the COUNTY's existing infrastructure for potable and irrigation quality water supply and treatment. Task 5.2 - Evaluate Capacity of Existing Water Reclamation Facilities The COUNTY's existing wastewater system consists of wastewater collection and conveyance, and two WWTPs. The COUNTY also has an existing irrigation quality water system, which currently relies on treated effluent from the WWTPs for water supply supplemented by water from the Livingston Road Wellfield on Livingston Road north of Immokalee Road (formerly known as the Pelican Bay Wellfield). CONSULTANT will prepare a complete summary of the COUNTY's existing infrastructure for wastewater conveyance and treatment. Task 5.3 - Perform Gap Analysis CONSULTANT will identify the gap between the capacity of the COUNTY's existing water resource facilities, and the projected demands and flows identified in Task 4. The existing treatment capacity summary will be based upon existing information and documents and reflect the most recent Annual Update Inventory Report (AUIR) for the potable water and wastewater systems. CONSULTANT assumes that the existing and ultimate capacity for each of the major processes at the COUNTY's treatment facilities and any limitations or bottlenecks is already documented in existing reports. In addition, the impact of potential regulations on the existing facilities will be addressed. 30 Packet Page -970- G 4/23/2013 16.C.2. Task 5.4 - Draft Existing Treatment Capacity and Gap Analysis Technical Memorandum CONSULTANT will prepare and submit to the COUNTY a draft Existing Treatment Capacity and Gap Analysis TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 5.5 - Final Existing Treatment Capacity and Gap Analysis Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Existing Treatment Capacity and Gap Analysis TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum — Existing Facility Evaluation and Gap Analysis TASK 6 — HYDRAULIC MODELING Task 6.1 - Potable Water System Hydraulic Model CONSULTANT will utilize the existing calibrated hydraulic model of the potable water distribution system provided by the COUNTY to determine recommended pumping and pipeline improvements. We understand that the existing potable water system model utilizes Bentley WaterGEMS software and that the model will be of sufficient detail to allow for completion of the master planning efforts described below. In addition the GIS geodatabase for the potable water system would be provided. CONSULTANT will utilize the results of the population and demand projections under Task 4 to update the potable water system demands for the planning horizon outlined in the RFP. A separate model will be developed for the 2019, 2024, and buildout demand conditions. The model will initially be used to simulate the system without recommended improvements to identify deficiencies. Alternative improvements will be developed under Task 8. Task 6.2 - Wastewater System Hydraulic Model CONSULTANT will utilize the existing calibrated hydraulic model of the wastewater system primary force main network. The primary force main network consists of the interconnected wastewater pumping stations and force mains that are directly connected to the COUNTY's WRFs. Gravity sewers and wastewater pump stations upstream of gravity sewers are not included. The CONSULTANT already has all of the information that is needed to run the model. The model is built using Bentley SewerGEMS software. CONSULTANT will utilize the results of the population and flow projections under Task 4 to update the wastewater system flows for the planning horizon outlined in the RFP. A separate model will be developed for the 2019, 2024, and buildout flow conditions. Wastewater flows will be allocated based on the flow projections for each of the sewer sheds 31 Packet Page -971- <1(c 4/23/2013 16.C.2. tributary to the wastewater pumping stations. CONSULTANT will also compare wastewater flow projections to pump .station design capacity, and operation data. The model will initially be used to simulate the system without recommended improvements to identify deficiencies. Alternative improvements will be developed under Task 8. Task 6.3 - Irrigation Quality Water System Model CONSULTANT will utilize the existing calibrated hydraulic model of the irrigation quality water distribution system provided by the COUNTY to determine recommended pumping and pipeline improvements. We understand that the existing irrigation quality water system model utilizes Bentley WaterGEMS software and that the model will be of sufficient detail to allow for completion of the master planning effort described below. In addition, the GIS geodatabase for the irrigation quality water system would be provided. CONSULTANT will utilize the results of the population and demand projections under Task 4 to update the irrigation quality water system demands for the planning horizon outlined in the RFP. A separate model will be developed for the 2019, 2024, and buildout demand conditions. The model will initially be used to simulate the system without recommended improvements to identify deficiencies. Alternative improvements will be developed under Task 8. Task 6.4 - QA/QC for Models CONSULTANT will perform QA/QC on all the hydraulic models. Deliverables: CONSULTANT will provide the following deliverables under this task: • Hydraulic Model Input Files TASK 7 — WATER QUALTY AND TREATMENT Task 7.1 - Establish Water Quality Goals Potable Water: CONSULTANT will develop potable water goals that achieve regulatory compliance while ensuring the treated water is also stable during storage and distribution, compatible with the distribution system materials of construction, free from known or perceived health risks, and aesthetically pleasing to the customers served. CONSULTANT will work with the COUNTY to prepare a comprehensive listing of multiple contaminants for each source to make sure these goals are met by identifying and reviewing the appropriate treatment methods. Irrigation Quality Water: CONSULTANT will develop irrigation quality water goals that provide water quality that is safe for human exposure and suitable for long term irrigation use that does not harm vegetation, site function, and soil percolation /infiltration capabilities in the areas used. CONSULTANT will develop irrigation water quality goals that work towards achieve unrestricted use and those that may allow more saline sources to be used. Task 7.2 - Provide Regulatory Compliance Update CONSULTANT will obtain and review historical operations and compliance data provided by the COUNTY. We will complete an evaluation of future compliance issues and provide recommendations to comply with the U.S. Environmental Protection Agency's (EPA's) Safe Drinking Water Act (SDWA), the clean water Act (CWA), and Florida Department of Environmental Protection ( DEP) rules and regulations on drinking water, wastewater and reclaim water. The evaluation will include the following specific regulatory issues: 32 Packet Page -972- CA 4/23/2013 16.C.2. • Future unregulated contaminants to be proposed under the SDWA • The FDEP -EPA agreements to be made on the Numeric Nutrient Compliance strategy for surface water discharges into both coastal and river environment • The new regulatory requirements for reclaim water and the credits to be obtained by working with the SFWMD on water withdrawals, WUPs, water use permits. From this review, CONSULTANT will work with the COUNTY to review and recommend water quality and treatment goals for both water treatment and wastewater treatment. These goals will be used to evaluate alternative treatment processes. We will present and explain recommended water treatment goals to COUNTY staff for review and concurrence in a regularly occurring workshop as part of the overall project work plan. Task 7.3 - Develop Treatment Options CONSULTANT will develop a treatment options matrix to achieve the recommended level of water quality for each potential water resource and end -use. Alternative Potable Water Supplies: CONSULTANT will seek to identify the best value raw water supply for COUNTY, while staying in compliance with all local, state and federal regulations and having no negative impact on the environment. ASR Treatment Considerations: CONSULTANT will review results of previous studies provided by the COUNTY to summarize ASR treatment options for injection and storage into different groundwater classifications. Task 7.4 - Draft Water Quality and Treatment Technical Memorandum CONSULTANT will prepare and submit to the COUNTY a draft Water Quality and Treatment TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 7.5 - Final Water Quality and Treatment Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Water Quality and Treatment TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum — Water Quality and Treatment TASK 8 - DEVELOP LOSS AND ALTERNATIVE IMPROVEMENTS CONSULTANT will develop the Level of Service Standards (LOSS) to be used for development of capital improvements. Based on the established LOSS, as well as water quality goals and treatment requirements and available water resources, CONSULTANT will develop alternative water resource configurations to satisfy projected demands over the planning horizon outlined in the RFP. Under this task CONSULTANT will also develop a program to improve electrical energy efficiency. 33 Packet Page -973- CA 4/23/2013 16.C.2. CONSULTANT will conduct three (3) facilitated workshops with the COUNTY under this Task. This includes preparation of supporting materials and handouts. The first workshop will be to present the results of previous Tasks and gap analysis, identify LOSS for development of alternatives, and identify potential alternative water resource configurations. The second workshop will be to present the recommended alternative water resource configurations for detailed evaluation. The third workshop will be to review the alternative water resource configuration modeling results and alternative capital improvements and select the recommended configuration for further evaluation and prioritization under Task 9. It is assumed that workshops will be combined with in- progress review meetings as appropriate. Task 8.1 - Develop Level of Service Standards (LOSS) CONSULTANT's approach to this task will be to establish the LOSS from: • Corporate perspective; • Customer perspective; and • Technical perspective This task will form the foundation for the decision making on a go forward basis with development of the Public Utilities Master Plan. In addition to the specific elements of LOSS and policy, principles and practices, we anticipate reviewing and establishing LOSS in the areas of: • Reliability • Compliance (including characterization of Levels of Compliance (Levels 1, 2 and 3) as defined in the RFP) • Environmental stewardship • Customer service • Cost for service Aft • System performance • Development requirements To formally document the COUNTY's LOSS, CONSULTANT will complete the following activities: Baseline Assessment: CONSULTANT will first obtain an understanding of the COUNTY's goals for its infrastructure, and define the levels of service that it wishes to achieve for each goal. Information and documents from the COUNTY will be gathered; particularly those that outline any policies, procedures, and practices that may affect the COUNTY's current levels of service. The targets of the levels of service will be then be determined and documented. We will assess the level of attainment, and highlight the ones which deviate from the target levels. Survey of Other Utilities: Concurrently, CONSULTANT will also compare the COUNTY's policies, procedures, and practices with other municipalities, and relevant industry best practices. COUNTY will be responsible for performing survey of other utilities in local area and provide results to CONSULTANT. CONSULTANT will also leverage its knowledge, resources, and contacts obtained through a National Water and Wastewater Benchmarking Initiative (NWWBI) project (http: / /www. nationalbenchmarking.ca), which won an award from the American Public Works Association (APWA) for management innovation. Gap Analysis: Once the baseline assessment and comparisons have been completed, the service level gaps will be identified. This gap analysis will evaluate how the gaps can be progressively closed, taking into account the comparisons with other municipalities and industry best practices. A key component of this gap analysis is a meeting with key COUNTY staff and stakeholders, in order to have an open discussion on some of the key levels of service gaps. 34 Packet Page -974- 9 4/23/2013 16.C.2. Risk Analysis: CONSULTANT will conduct a risk analysis of the COUNTY's current practices, and levels of service. Risk mitigation recommendations will be developed, in order to mitigate the risks with respect to areas including: • Source Water Protection and other Environmental Impacts; • Violation of Consent Orders; • SSO's, backups and off -site odor emissions; • Low /high water system pressure and insufficient fire flow; • Damage to persons and property; and • Health and Safety of workers and contractors. Task 8.2 - Draft LOSS Technical Memorandum CONSULTANT will prepare and submit to the COUNTY a draft LOSS TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 8.3 - Final LOSS Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final LOSS TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Task 8.4 - Workshop #2 - Presentation on Results of Previous Tasks and LOSS In this workshop, CONSULTANT will present the results of population and demand/flow projections, water supply evaluation, and existing treatment capacity assessment. In addition, the workshop will identify LOSS for development of alternatives and identify potential alternative water resource configurations to satisfy future demands /flows. This includes identifying the performance measures and evaluation criteria for modeling the alternative scenarios. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the Workshop. In addition, CONSULTANT will seek to combine the Workshop with a regular progress meeting. Task 8.6 - Workshop #3 - Presentation of Recommended Alternative for Water Resource Configurations In this workshop, CONSULTANT will present the recommended alternative water resource configurations for detailed evaluation. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the Workshop. In addition, CONSULTANT will seek to combine the Workshop with a regular progress meeting. Task 8.6 - Develop Alternative Improvements Once the LOSSs have been established, CONSULTANT will begin the development of alternatives. CONSULTANT will develop alternative water resource configurations to satisfy projected demands /flows over the entire planning horizon. The primary analysis tool for the development and integration of alternatives will be hydraulic modeling of the COUNTY's potable water and irrigation quality water transmission and distribution systems, and the wastewater primary force main network. 35 Packet Page -975- Cq U 4/23/2013 16.C.2. Potable Water System: CONSULTANT will utilize an updated hydraulic model of the COUNTY's potable water distribution system to analyze the impact of new demands on the system, integrate new potable water supply sources, and identify recommended improvements. The hydraulic model will be updated to reflect increased demands over the entire planning horizon. Separate models will be developed for the 2019, 2024, and buildout demand conditions. The buildout demand condition will be modeled first to determine recommended improvements for the ultimate condition. The 2019, and 2024 conditions will then be modeled so that the short and intermediate term improvements are consistent with the ultimate condition. Hydraulic analysis of the potable water distribution system will be used to identify system deficiencies and recommend improvements to achieve the LOSS. Irrigation Quality Water System: CONSULTANT will use the COUNTY's existing irrigation quality water system hydraulic model to assess the impact of increased demands and integrate new irrigation quality water sources, and identify needed improvements to integrate these sources into the existing irrigation quality water system. Again, separate models will be developed for the 2019, 2024, and buildout demand conditions. The buildout demand condition will be modeled first to determine recommended improvements for the ultimate condition. The 2019, and 2024 conditions will then be modeled so that the short and intermediate term improvements are consistent with the ultimate condition. Hydraulic analysis of the irrigation quality water distribution system will be used to identify system deficiencies and recommend improvements. Wastewater System Improvements: CONSULTANT will utilize an updated hydraulic model of the COUNTY's wastewater system primary force main network to analyze the impact of increased flows on the system, integrate new water reclamation facilities, and identify recommended improvements. The hydraulic model will be updated to reflect increased flows over the entire planning horizon. Again, separate models will be developed for the 2019, 2024 and buildout flow conditions. The buildout flow condition will be modeled first to determine recommended improvements for the ultimate condition. The 2019, and 2024 conditions will then be modeled so that the short and intermediate term improvements are consistent with the ultimate condition. Hydraulic analysis of the wastewater system primary force main network will be used to identify system deficiencies and recommend improvements to achieve LOSS. Task 8.7 - Prepare Cost Estimates CONSULTANT will prepare life -cycle cost estimates for alternative water resource configurations developed under this task. Construction cost estimates will be completed in accordance with the Association for Advancement of Cost Engineering Recommended Practice. Within the context of the Public Utilities Master Plan, CONSULTANT will prepare Class 4 construction cost estimates for the alternative water resource configurations. Comparison of alternative water resource configurations will consider the life- cycle cost, which includes the capital cost plus the present worth of operation and maintenance expenses, and land acquisition cost. Task 8.8 Workshop #4 - Alternative Water Resource Presentation In this workshop, CONSULTANT will review the alternative water resource modeling results and capital improvements, and select the recommended water resource configuration. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the Workshop. In addition, CONSULTANT will seek to combine the Workshop with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: 36 Packet Page - 976 - 4/23/2013 16.C.2. • Technical Memorandum — Level of Service Standard (LOSS) • Workshop #2 — Presentation on Results of Previous Tasks and LOSS • Workshop #3 — Presentation on Alternative Water Resource Configurations to be evaluated • Workshop #4 — Presentation on Alternative Water Resource Configuration modeling results and recommended water resource configuration TASK 9 — PRIORITIZATION OF PROJECTS AND LEVEL OF COMPLIANCE CONSULTANT will develop and prioritize projects to maintain levels of service (or address deficient service levels) to customers. Task 9.1 - Develop Asset Prioritization System Once the desired levels of service and governing policies and practices are established, CONSULTANT will then investigate and document how asset improvement (rehabilitation and replacement) decisions are made. We also will determine how available information and databases can be leveraged to support these decisions. CONSULTANT will develop a configurable database application known as CAPs (Capital Asset Prioritization Simulator) that integrates with the utility's existing systems (GIS, hydraulic models, maintenance management systems, etc) and mimics the specific decision - making process and level of service expectations of the user within its algorithm. To configure CAPS, CONSULTANT will host a workshop (Workshop #5) with key COUNTY staff. Separate workshops for Water, Wastewater and Irrigation systems will be conducted as appropriate and include system managers, operators, and data managers (such as GIS technicians, etc). The established decision- making algorithm will be documented in a Technical Memorandum. CONSULTANT will then develop the decision - making environment within Microsoft Access (latest version) and provide the application as open- source (no licensing or maintenance fee) to the COUNTY for ongoing use. Prioritized lists linked to GIS for incorporation into the CIP will be developed and reviewed. A follow -up presentation with the COUNTY will be arranged to review CAPs results and make any minor adjustments to the decision - making algorithm as required. Task 9.2 - Integrate Asset Prioritization into CIP CONSULTANT will incorporate the results of the above activities with the results of the recommended water resource configuration and capital improvements for the overall Public Utilities Master Plan and Capital Improvement Plan. Task 9.3 - Integrate with Asset Management System and SCADA CONSULTANT will coordinate with the COUNTY's asset management consultant to ensure the decision making and prioritization work done in conjunction with development of the Public Utilities Master Plan follows standards established for the Asset Management Program. Task 9.4 - Presentation of CIP (Workshop #6) CONSULTANT will prepare and conduct the CIP Presentation Workshop. This workshop will present the recommended CIP, prioritization of projects and level of compliance ranking. To the extent possible CONSULTANT will minimize travel time by using a conference call for 37 Packet Page -977- c,� 4/23/2013 16.C.2. participation by non -local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Workshop #5 to develop Capital Asset Prioritization System (CAPS) algorithm for each of the potable water, wastewater, and IQ water systems. • Technical Memorandum to document the established CAPS algorithm • CAPs database application in latest version of MS Access • Workshop #6 — Presentation of CIP TASK 10 — PUBLIC UTILITIES MASTER PLAN AND CAPITAL IMPROVEMENTS PLAN CONSULTANT will prepare a final Public Utilities Master Plan Report, which will be a compilation of the previous studies and technical memoranda, and provide a detailed summary of recommended improvements. The Public Utilities Master Plan Report will include the following: • Executive Summary • Summary of all completed studies and reports. The technical memoranda completed under previous Tasks will become appendices to the Public Utilities Master Plan Report • Detailed summary of recommended water resource configuration and infrastructure improvements over the planning horizon outlined in the RFP • Capital Improvement Plan. A five year (FY 2014 to FY 2019), 10 -year (FY 2014 to FY 2024), and Buildout CIP will be provided. Task 10.1 - Draft Public Utilities Master Plan CONSULTANT will prepare and submit to the COUNTY a draft Public Utilities Master Plan Report for review and comment. CONSULTANT will conduct internal QA/QC review on the draft Report prior to submission to the COUNTY. Task 10.2 - Final Public Utilities Master Plan CONSULTANT will meet with the COUNTY to review the COUNTY's comments. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Public Utilities Master Plan Report. CONSULTANT will submit the Public Utilities Master Plan in electronic pdf form as well as two (2) printed copies. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non -local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Task 10.3 - Meetings /Presentations of Master Plan CONSULTANT will participate in up to two (2) meetings/ presentations with Collier COUNTY staff, project stakeholders and Board of COUNTY Commissioners for adoption of the Public Utilities Master Plan. This includes preparation of supporting materials and handouts /presentations and responding to questions. Deliverables: CONSULTANT will provide the following deliverables under this task: 38 Packet Page -978- �q 4/23/2013 16.C.2. Public Utilities Master Plan Summary Report Presentation on Master Plan to BOCC 39 Packet Page -979- �'� 4/23/2013 16.C.2. SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Nathan Beals, Project Manager, Collier County Public Utilities, 3339 Tamiami Trail East; Suite 303, Naples, FL 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM LUMP SUM FEE FOR: FEE: PAYMENT SCHEDULE 1. Project Management $65,120.00 Monthly Upon Percent Com lete of Task 2. Data Collection and Review $20,252.00 Monthly Upon Percent Complete of Task 3. Water Resources Evaluation $59,768.00 Monthly Upon Percent Com lete of Task 4. Population and Demand /Flow $80,708.00 Monthly Upon Percent Projections Complete of Task 5. Existing Treatment Capacity $59,880.00 Monthly Upon Percent Evaluation and Gap Analysis Com lete of Task 6. Hydraulic Modeling $56,052.00 Monthly Upon Percent Complete of Task 7. Water Quality and Treatment $52,836.00 Monthly Upon Percent Complete of Task B. Develop Loss and Alternative $141,416.00 Monthly Upon Percent Improvements Complete of Task 9. Prioritization of Projects and Level of $49,240.00 Monthly Upon Percent Compliance Com lete of Task 10. Public Utilities Master Plan & CIP $64,688.00 Monthly Upon Percent Com lete of Task TOTAL FEE Total Items 1 -10 $649.960.00 TPA# 1983371.1 Packet Page -980- r 4/23/2013 16.C.2. B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Six Hundred Forty -nine Thousand Nine Hundred Sixty Dollars ($649,960.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: 3.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "(aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT a s for reimbursable expenses will be made monthly upon supporting documentation. TPA# 1983371.1 Packet Page -981- defined in Article 2 hereinabove and presentation of a detailed invoice with 4/23/2013 16.C.2. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. TPA# 1983371.1 Packet Page -982- 6 4/23/2013 16.C.2. Attachment 1 to Schedule B Contract # 13 -6010 Public Utilities Master Plan Standard Hourly Rate Schedule AEC OM Technical Services, Inc. Job Title BB Rate AW= ' 150A0 E/P/s 1 $90.00 dt /S 81 E/P/S 11 $95.00 Project MWQJW 1 $165.00 E/P/S ill $110.80 Prqlect Managar Il $las.00 E/P IV $122.00 Pro Manoger IN $210.00 Ems V $125.00 Pond al I $220A0 Project E /P/5 I $127.00 Principal Ii $M.00 Project E/P/S II $135.00 kf,7777771 1-1 I 4771;1777717F Job Tide Blom Rate Job TIde $70.00 Designer 1 $92.00 DeArner IV $125.00 Designer it $1M00 Designer Supervh>or $152.00 Designer III $122.00 $97.00 $180.00 Administmthm Personnel: Job Title Biffing Rata Job TIde $70.00 Adndni owdve Assistant 1 $53.00 GIS speciahrt III $90.00 AdmMistnttive Assistant II 65.00 GIS speciska IV $220.00 Administrative Assistant 111 $92.00 $97.00 $180.00 Other Technical Staff: Job Title Bluing Rate Job TIde $70.00 GISTe&'nkian $70.00 GIS speciahrt III $90.00 GIS spetwist i $72.OD GIS speciska IV $220.00 WS scecianst II $85.00 $97.00 $180.00 Construe lon InaoeetkwL Job Twe B Rate AMI $70.00 Resident Eronwer 1 $90.00 Impactor I Resident Enoneer 11 $105.00 Impactor 11 $78.00 Resident En veer IN $128.00 Impactor IN $97.00 survavina Staff: Job Title etwns Rabe Job Tw e Survey Technician 1 $55.00 Two Man Crew $130.00 Party Chief 11 $80.00 Three Man Crew 160.00 Surveyor I 5110.100 I GPS Crew $180.00 This list Is not Intended to be all - inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Packet Page -983- 4/23/2013 16.C.2. SCHEDULE C PROJECT MILESTONE SCHEDULE Services described herein will commence upon issuance of a Notice -to- Proceed and executed Agreement from the COUNTY. The estimated delivery dates for the deliverables indicated in the Scope of Work are as follows: Task Number of Days to Completion Project Management Plan Days Task I — Project Management duration of overall ro'ect 216 Days Task 2 — Data Collection and Review 14 Days Workshop 1 — Data Collection and Review 14 Days Task 3 — Water Resource Evaluation 45 Days Task 4 — Population and Demand/Flow Projections 45 Days Task 5 — Existing Treatment Capacity Evaluation and Gap Analysis 80 Days Task 6 — Hydraulic Modeling 80 Days Task 7 — Water Quality and Treatment 80 Days Task 8 — Develop LOSS and Alternative Improvements 139 Days Workshop 2 — Population and Demand/Flow Projections; Existing Treatment Capacity and Gap Analysis 83 Days Workshop 3 — Presentation of Recommended Alternative Water Resource Configurations 105 Days Workshop 4 — Review of Alternative Water Resource Modeling Results 140 Days Task 9 — Prioritization of Projects and Level of Compliance 168 Days —Workshop 5 — Develop Capital Asset Prioritization System 149 Days —Workshop 6 — Presentation of CIP 168 Days Task 10 — Public Utilities Master Plan and CIP 205 Days Presentation of BOCC 217 Days 44 Packet Page -984- jl:�<_� 4/23/2013 16.C.2. SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self - insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by COMULTANT hereunder, CONSULTANT 45 Packet Page -985- 4/23/2013 16.C.2. shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) 46 Packet Page -986- 4/23/2013 16.C.2. of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _X_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable 47 Packet Page -987- 4/23/2013 16.C.2. (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X_General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 48 Packet Page -988- 4/23/2013 16.C.2. (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable _X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No 49 Packet Page -989- 4/23/2013 16.C.2. (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate _X $2,000,000 each claim and in the aggregate 50 Packet Page -990- 4/23/2013 16.C.2. $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and 51 Packet Page -991- 4/23/2013 16.C.2. OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project - specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D 52 Packet Page -992- 4/23/2013 16.C.2. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, AECOM Technical Services, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning 13 -6010 Public Utilities Master Plan are accurate, complete and current as of the time of contracting. AECOM Technical Services, Inc. TITLE: DATE: E -1 Packet Page -993- 4/23/2013 16.C.2. SCHEDULE KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Cateaory % of time Ronald Cavalieri Principal 1 10 Dan Augusti Project Manager 2 1 Jaime Tyson GIS Specialist 3 2 Rasesh Shah Project Engineer 2 5 Cherie Wolter Admin. Assistant 2 9 Mark Abbott Principal 2 0.50 Richard Hope Principal 2 0.25 Tim Brodeur Principal 2 0.25 David Ammerman Principal 2 0.25 Nick Cooper Principal 2 0.25 Don Bramlett Project Manager 2 0.50 Michael Bennett Principal 0.50 Reshma Thummadi Engineer IV 25 Devan Thomas Principal 1 1 Maricela Fuentes Project Engineer 2 2 Guillermo Regalado Project Manager 2 1.0 Nancy Gonce Project Manger 2 1.0 Dawn Jakiela Project Manger 1 10 Hans Murzi Project Engineer 2 2 Will Lovins Project Engineer 2 5 Tiffany Shaw Project Engineer 2 2 James Jorgensen Project Manager 1 2 Kathy O'Sullivan GIS Specialist 3 6.5 Steve Benson Engineer 3 g Natalie Urick Engineer 4 5 100% F -1 Packet Page -994- 4/23/2013 16.C.2. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 13 -6010 Public Utilities Master Plan Scott D. Johnson 2391252 -8995 (Telephone) 2391252 -6588 (Fax) scotoohnson @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. CCNA (Revision 3/112012) P WOM DOW"", 3327 Tamiaft Trail East • Naples, FW40 34112-4901 • www.coWnov.neiWftWj% Packet Page -995- 4/23/2013 16.C.2. Table of Contents LEGALNOTICE ........................................................................................... ..............................3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ......................4 EXHIBIT It: GENERAL RFP INSTRUCTIONS ............................................. .............................11 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ..............15 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ............. .............................19 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................. .............................27 ATTACHMENT 2: VENDOR CHECK LIST .................................................. .............................28 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .......................... .............................29 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ...................... .............................30 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............... .............................32 ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ....................................... .............................33 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS .......... .............................34 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................... .............................36 RFP CCNA Template — 08152012 RFP_CCNATemplate 2 Packet Page -996- 4/23/2013 16.C.2. ti Ilk - I - Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide services for the Public Utilities Master Plan will be received until 3:00 PM, Naples local time, on December 21, 2012 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 13 -6010 Public Utilities Master Plan A non - mandatory pre - proposal conference will be held on December 12, 2012, commencing promptly at 10:00 AM., and will be held in the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 If this pre - proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on November 21, 2012. RFP CCNA Templatp_08152012 RFP CCNATemplate 3 Packet Page -997- 4/23/2013 16.C.2. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP °) with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Background Vision — To provide to the County Manager and Board of County Commissioners a comprehensive Collier County Water -Sewer District ( CCWSD) Master Plan that provides clear direction for near and long term infrastructure management strategies supported by technical evaluations and capital improvement programs that are focused on meeting the future customer demands with best value solutions and fully leveraged assets. Mission — To meet the future demands of the CCWSD with enhanced supply and optimized capacity using advanced and proven best value technology. Develop and maintain a comprehensive public utilities master plan, including a Capital Improvement Program (CIP) with prioritized rehabilitation and restoration (R &R), using asset management, GIS -based hydraulic modeling, and advanced coordination efforts with inter- divisional staff and assets. Guiding Principles — • Sustained, compliant, safe, and reliable delivery of CCWSD services. • Revenue centric and cost contained approach to operations and capital improvement programs. Follow discipline - specific taxonomy. Utilize existing data from technology, systems, and agency divisions to support the evaluation of our infrastructure. Sources include: • Hydraulic modeling programs • GIS • SCADA • Utility billing • Growth Management Division's Comprehensive Planning Section • Administrative Service Division's Information Technology Department Detailed Scope of Work The deliverables for the project may include the performance of engineering services for the Collier County Water -Sewer District associated with the development and preparation of the 2013 CCWSD Master Plan, including, but not limited to the following: Develop a consolidated CCWSD Master Plan using the adopted vision, mission, and guiding principles to further plan and maintain a compliant water and sewer infrastructure RFP CCNA Template_08152012 RFP_CCNATemplate 4 Packet Page -998- 4/23/2013 16.C.2. a. Evaluate existing potable water and wastewater levels of service standards and validate or recommend updated standards (gallons per day per capita and equivalent residential connection). b. Generate potable water demand forecasts. c. Generate wastewater flow forecasts. d. Generate Irrigation Quality (IQ) water demand forecasts. e. Document supply, capacity, and demand for all systems over the forecast period. i. Develop sustained, managed, and risk -based compliance measurements. ii. Evaluate permit requirements (include current renewal requirements, new permits needed, etc.) iii. Evaluate reliable capacity for all systems using "10 -State Standards ", 90 %, and best industry practices (including wastewater pump stations). f. Use the provided updated hydraulic models to acquire results for potable water, wastewater, and IQ water systems using Bentley WaterGEMS and Bentley SewerGEMS software. 1. Utilize the models' results to help develop CIP requirements. ii. Develop and evaluate average day, max day, min day, max 3 -day, peak hour, wet season, and dry season scenarios. g. Develop sufficient documentation to support R &R projects including such things as life expectancy of infrastructure components. h. Recommendations provided in the 2013 CCWSD Master Plan shall be based on the goal of providing sufficient system capacity to meet estimated needs and provide reliable water and wastewater services based on existing and recommended level of service standards (consistent with 1.a. above). i. Incorporate by reference the SCADA, GIS, Asset Management, and IT master plans to ensure coordinated efforts and inclusion of compliance related issues. 2. Develop Potable Water (including Wellfield /Plant/Distribution), Wastewater (including Collection /Plant), and IQ Water (including Wellfield/ASR/Supplemental Supplies /Plant/Distribution) CIP with descriptions in a database format that supports sorting and linking. The CIPs shall address and mitigate risks. a. 5 -year CIP (FY 2014 to FY 2019) i. Develop and prioritize projects based on evaluation of systems to maintain level of service to existing customers (potential pipe upsizing /downsizing, pressure zone development, reliability connections for all systems, etc.). Each project should include a level of compliance ranking 1, 2, or 3. Level 1 is sustained compliance. Level 2 is managed compliance. Level 3 is risked compliance. See attached definitions. ii. Develop extended IQ Water Service Area based on priorities in IQ Water Policy. iii. Develop a system segmentation plan and projects to define service areas and monitor water loss and sewer infiltration (system flow meters, velocities, water quality, pressures, septic conditions, pump run time standards, etc.). iv. Develop programs for energy efficiency, lightning protection, real property management, metering, security, power systems, and basin analysis. b. 10 -year CIP (FY 2014 to FY 2024) i. Expand on developed 5 -year CIP. c. 20 -year CIP (FY 2014 to FY 2034) i. Break into 5 -year summaries. RFP CCNA Template_08152012 RFP_CCNATemplate Packet Page -999- 4/23/2013 16.C.2. d. 50 -year CIP (FY 2014 to FY 2064) i. Break into 10 -year summaries. e. Develop GIS maps to show 5 -year projects and include as an exhibit. Show area of project with year and project identifier. 3. Provide a report detailing the assumptions used to develop deliverables 1 and 2. 4. Assist staff with adoption of the 2013 CCWSD Master Plan. a. Attend up to six (6) public meetings, including: i. Productivity Committee ii. Developmental Services Advisory Committee iii. Collier County Board of County Commissioners b. Assist with preparation of presentations, frequently asked questions (FAQ's), and other items required for adoption. Attend rehearsal meetings as needed. 5. Coordinate with the County's contracted rate consultant and special legal counsel, as needed, to confirm all fees (user, impact, and other) are legally sufficient and meet the intent of the current Board Policy as well as FAC's and State Laws. This could include weekly updates or conference calls on development of deliverable 2. The 2013 CCWSD Master Plan will serve as the basis for the development of updated rate structures and impact fees as well as update and expand on strategies developed in previous master plans. Recommendations provided in the 2013 CCWSD Master Plan shall be based on the goal of providing sufficient system capacity to meet estimated demands and to provide reliable service. Level of Compliance Definitions Level 1 - Sustained Compliance under which the County manages the best that can be done to achieve the service level that their customers have expected and continue to expect with no back -ups, no SSOs, no off -site odor emissions, no spills, no off -site noise emissions, sustained quality - compliant wastewater and water services 2417/365, with no Consent Orders. Level 2 - Managed Compliance where the County takes reasonable risks, which results in deferred planned maintenance and asset management, and taking risk for potential non- compliance letters and enforcement letters where level of service is sustained based on resources available. Level 3 - Risked Compliance with almost certain non - compliance with Consent Orders issued. The reliability of the utility system and the level of service would be compromised with full scale migration toward break -down maintenance resulting in customer service outage, service interruptions. SSO (spills) back -ups and property damage. The final scope of services and deliverables will be determined as a result of negotiations with the top ranked firm(s) in accordance with the CCNA and incorporated into the resultant contract(s). These may or may not include all of the services as described above, and may also include services identified in the submitted proposal responses and /or as the result of negotiation discussions. RFP CCNA Template_08152012 RFP CCNATemplate Packet Page -1000- 4/23/2013 16.C.2. Term of Contract The contract term, if an award(s) is /are made is intended to be for two (2) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. RFP CCNA Template 08152012 RFP CCNATemplate 7 Packet Page -1001- ,p M4 Issue Solicitation Notice 11/21/2012 Last Date for Receipt of Written Questions 12/17/2012, Noon, Naples Local Time Non - mandatory pre - solicitation meeting 12/12/2012, 10AM, - Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Deadline Date and Time 12/21/2012, 313M, Naples Local Time Anticipated Evaluation of Submittals 1/3/2013 thru 1/11/13 Vendor Presentations if Required TBD Anticipated Completion of Contract Negotiations 1/14/2013 thru 1/25/2013 Anticipated Board of County Commissioner's Contract 2/12 /2013 or Approval Date 2/26/2013 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. RFP CCNA Template 08152012 RFP CCNATemplate 7 Packet Page -1001- 4/23/2013 16.C.2. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non - responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter / Management Summary (0 pts) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2. Tab II, Business Plan (15 pts) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the proposed team. • Detailed plan of approach (including major tasks and sub - tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3. Tab III, Experience and Capacity of Firm (40 pts) Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. RFP CCNA Template_08152012 RFP CCNATemplate Packet Page -1002- 4/23/2013 16.C.2. 4. Tab IV, Specialized Expertise of Team Members (25) Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub - consultants. If sub - consultants are being utilized, letters of intent from stated sub - consultants must be included with proposal submission. 5. Tab V, References — 5 Completed and Returned (20) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionairs and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. 0 The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. 6 Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note: sampie chart renects a zo point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. RFP CCNA Template 08152012 RFP CCNATemplate Packet Page -1003- 4/23/2013 16.C.2. 6. Tab VI, Acceptance of Conditions (0 pts) Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals (0 pts) • Attachment 2: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form' • Attachment 5: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 6: Vendor Substitute 9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: License, certifications, informational materials, etc. RFP CCNA Template_08162012 RFP_CCNATemplate 10 Packet Page -1004- Exhibit II: General RFP Instructions 1. Questions 4/23/2013 16.C.2. Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. RFP CCNA Template — 08152012 RFP CCNATemplate 11 Packet Page -1005- 4/23/2013 16.C.2. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before December 21, 2012 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Scott D. Johnson Procurement Strategist The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing /General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. 0 The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) pager copy clearly labeled "Master," and seven (7) compact disks (CD's) with one copy of the proposal on each CD in Word Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Purchasing Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, RFP CCNA Template-08152012 RFP CCNATemplate 12 Packet Page -1006- 4/23/2013 16.C.2. Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, Would the project manager expect to have presentations /interviews? If yes, you might want to consider adding criteria for presentation /interview interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members shall score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This does not preclude the County from having additional presentations by ranked firms. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top - ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and /or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. RFP CCNA Template_08152012 RFP_CCNATemplate 13 Packet Page -1007- 4/23/2013 16.C.2. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Business Plan 15 pts Experience and Capacity of the Firm 40 pts Specialized Expertise of Team Members 25 pts � * Listin Customer and Reference . -_._ _,.,., ... _ __. 20 ots Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Vendor, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re- advertise using the same or revised documentation, at its sole discretion. RFP CCNA Template_08152012 RFP_CCNATemplate 14 Packet Page -1008- 4/23/2013 16.C.2. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and /or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and /or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and /or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non - conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY, known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates RFP CCNA Template_08152012 RFP_CCNATemplate 15 Packet Page -1009- 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of He and payment by the COUNTY. 3. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production 4/23/2013 16.C.2. and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is RFP CCNA Template_o8152012 RFP CCNATemplate 16 Packet Page -1010- likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances 4/23/2013 16.C.2. and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of RFP CCNA Template_08152012 RFP CCNATemplate 17 Packet Page -1011- C) a this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. All notices under this Purchase Order shall be sent to the respective addresses on the face page by certilfied mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in 4/23/2013 16.C.2. accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. Packet Page -1012- RFP CCNA Template—D81 52012 RFP_CCNATemplate 18 4/23/2013 16.C.2. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor RFP CCNA Template 08152012 RFP_CCNATemplate 19 Packet Page -1013- shall immediately take steps to have the aggregate limit reinstated to the full extent perm/itted2uOnder such 2 policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) bays after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall fumish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors /Subconsultants Bidders on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Vendor. 7. Work Orders Subject to Best Value Offer on Fixed Term Contracts RFP CCNA Template-08152012 RFP CCNATemplate 20 Packet Page -1014- 4/23/2013 16.C.2. The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed -term Countywide Agreements for various and miscellaneous services which will be utilized on an as- needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order and with a maximum yearly contract amount of $750,000 per firm. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order sh; be active and extended as necessary until completion of such project. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a)-colliercierk.com Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Vendor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after RFP CCNA Template-08152012 RFP CCNATemplate 21 Packet Page -1015- 4/23/2013 16.C.2. the close of the fiscal year will not be accepted (or processed for payment) unless speciricauy autnonzea by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and Aft approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non - responsive. A Vendor, with an office within Collier County is also required to have an occupational license. Ali State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County RFP CCNA Template_08152012 RFP CCNATemplate ±A Packet Page -1016- 4/23/2013 16.0.2. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 11. Survivability Bids (ITBs /RFPs): The Consultant/ContractorNendor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 13 -6010 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 12. Principals /Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is /are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 13. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 14. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 15. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.oro /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required RFP CCNA Template-08152012 RFP_CCNATemplate 23 Packet Page -1017- 4/23/2013 16.C.2. to provide same within five (5) days upon notification of selection for award. If the firm cannot provlae the document within the referenced timeframe, the County reserves the right to award to another firm. 17. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. In addition, consultants that have participated and /or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor RFP CCNA Template_08152012 RFP_CCNATemplate 24 Packet Page -1018- 4/23/2013 16.C.2. shall be required to maintain records on each employee and make them available to Me �vunty tvr at least four (4) years. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 23. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: hfa: / /www.dhs.Qov /E- Vedfv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. RFP CCNA Template-08152012 RFP_CCNATempiate 25 Packet Page -1019- 4/23/2013 16.C.2. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an dwdiu *i die uc iuuy responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. RFP CCNA Template_08152012 RFP CCNATemplate 26 Packet Page -1020- 4/23/2013 16.C.2. LM Attachment 1: Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 13 -6010 Public Utilities Master Plan for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Packet Page -1021- Date RFP CCNA Template-08152012 RFP_CCNATemplate 27 4/23/2013 16.C.2. EM Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn:Scott D. Johnson CCNA Solicitation: 13 -6010 Public Utilities Master Plan ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP CCNA Template-08152012 RFP CCNATemplate 28 Packet Page -1022- 4/23/2013 16.C.2. A%-�� C�aunry Servioas Division Pu ry Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of _ County of _ SUBSCRIBED AND SWORN to before me this day of 20 , by , who is personally known to me to be the Notary Public for the Firm, OR who produced the following identification My Commission Expires Packet Page -1023- RFP CCNA Template 08152012 RFP CCNATemplate 29 4/23/2013 16.C.2. Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 13 -6010 Public Utilities Master Plan Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by CCNA Solicitation: 13 -6010 Public Utilities Master Plan. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 200_ in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone: FAX: Signature by: (Typed and written) Title: RFP CCNA Template 08152012 RFP_CCNATemplate 30 Packet Page -1024- 4/23/2013 16.C.2. Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: RFP CCNA Template_08152012 RFP CCNATemplate 31 Packet Page -1025- 4/23/2013 16.C.2. ier Cou>�y adrriniata6,ne sennoas Attachment 6: Immigration Affidavit Certification CCNA Solicitation: 13 -6010 Public Utilities Master Plan This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of nm u.,,Rn+ In the Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in B U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Title Signature Date State of County of 20 b The foregoing instrument was signed and acknowledged before me this day of Y who has produced as identification, (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP CCNA Template-08152012 RFP_CCNATemplate 32 Packet Page -1026- 4/23/2013 16.C.2. >fer Co>Gerrty ad�rawe sew oivAion Attachment 6: Vendor Substitute W — 9 Request for Taxpayer identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Telephone FAX Order Information Address City State Zip FAX Zip Email Remit / Payment Information Address City - FAX Email I Email 2. Company Status (check only one) State Zip _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disre abed En6 , C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP CCNA Template-08152012 RFP CCNATemplate 33 Packet Page -1027- 4/23/2013 16.C.2. C�o��r Couxlt�► Adniro:�ive &enrioea Dtvisio�n PurdwWn© Attachment 7: Insurance and Bonding Requirements ^y��•:'P�..,�p 1. ®Worker's ens Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compation Statutory Limits and Requirements 2. ® Employer's Liability $1.000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability 5. x Other insurance noted: $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non -owned /Hired; Automobile Included as ❑ Watercraft Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. ❑ Pollution x Professional Liability $ Per Occurrence $ Per Occurrence $2,000,000 per claim and in the aggregate $1,000,000 per claim and in the aggregate Packet Page -1028- RFP CCNA Template 08152012'' RFP_CCNATemplate 34 4/23/2013 16.C.2. • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Airport Authority or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Packet Page -1029- Date Telephone Number RFP CCNA Template-08152012 RFP CCNATemplate 35 ,er COMMV Ar.u.r�esamoeso Attachment 8: Reference Questionnaire Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Inform Name: (Evaluator completing reference questionnaire) Email: FAX: 4/23/2013 16.C.2. 1) Company: (Evaluator's Company completing reference) Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders - Dollars Added : Change Orders - Days Added: item 1 _witrG* Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover, invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: Packet Page -1030- By RFP CCNA Tempiate_08152012 RFP CCNATemplate 36 4/23/2013 16.C.2. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. a r e N COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 13 -6010 Public Utilities Master Plan Scott D. Johnson 2391252 -8995 (Telephone) 2391252 -6588 (Fax) scottjohnson @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. CCNA (Revision 3/1/2012) Furthasina Departrrvrit • 3327 Tamiami Trail East - Naples. Ficrida 341124901 - www.colliergov,nevpurchasing Packet Page -1031- 4/23/2013 16.C.2. Table of Contents LEGALNOTICE ......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ..................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS ............................................. .............................11 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ...............15 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ............. .............................19 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................. .............................27 ATTACHMENT 2: VENDOR CHECK LIST .................................................. .............................28 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .......................... .............................29 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................... .............................30 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............... .............................32 ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ....................................... .............................33 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS .......... .............................34 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................... .............................36 RFP CCNA Template 08152012 RFP_CCNATemplate 2 Packet Page -1032- 4/23/2013 16.C.2. Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide services for the Public Utilities Master Plan will be received until 3:00 PM, Naples local time, on December 21, 2012 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 13 -6010 Public Utilities Master Plan A non - mandatory pre - proposal conference will be held on December 12, 2012, commencing promptly at 10:00 AM., and will be held in the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 If this pre - proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department E- Procurement website: www.colliergov.net /bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on November 21, 2012. RFP CCNA Template — 08152012 RFP CCNATemplate Packet Page -1033- 4/23/2013 16.C.2. Exhibit I: Scope of Work, Specifications and Response Format A As requested by the Collier County Public Utilities Division (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Background Vision — To provide to the County Manager and Board of County Commissioners a comprehensive Collier County Water -Sewer District ( CCWSD) Master Plan that provides clear direction for near and long term infrastructure management strategies supported by technical evaluations and capital improvement programs that are focused on meeting the future customer demands with best value solutions and fully leveraged assets. Mission — To meet the future demands of the CCWSD with enhanced supply and optimized capacity using advanced and proven best value technology. Develop and maintain a comprehensive public utilities master plan, including a Capital Improvement Program (CIP) with prioritized rehabilitation and restoration (R &R), using asset management, GIS -based hydraulic modeling, and advanced coordination efforts with inter - divisional staff and assets. Guiding Principles — • Sustained, compliant, safe, and reliable delivery of CCWSD services. • Revenue centric and cost contained approach to operations and capital improvement programs. Follow discipline- specific taxonomy. Utilize existing data from technology, systems, and agency divisions to support the evaluation of our infrastructure. Sources include: • Hydraulic modeling programs • GIS • SCADA • Utility billing • Growth Management Division's Comprehensive Planning Section • Administrative Service Division's Information Technology Department Detailed Scope of Work The deliverables for the project may include the performance of engineering services for the Collier County Water -Sewer District associated with the development and preparation of the 2013 CCWSD Master Plan, including, but not limited to the following: Develop a consolidated CCWSD Master Plan using the adopted vision, mission, and guiding principles to further plan and maintain a compliant water and sewer infrastructure RFP CCNA Template-08152012 RFP CCNATemplate Packet Page -1034- 4/23/2013 16.C.2. a. Evaluate existing potable water and wastewater levels of service standards and validate or recommend updated standards (gallons per day per capita and equivalent residential connection). b. Generate potable water demand forecasts. c. Generate wastewater flow forecasts. d. Generate Irrigation Quality (IQ) water demand forecasts. e. Document supply, capacity, and demand for all systems over the forecast period. i. Develop sustained, managed, and risk -based compliance measurements. ii. Evaluate permit requirements (include current renewal requirements, new permits needed, etc.) iii. Evaluate reliable capacity for all systems using 10 -State Standards ", 90 %, and best industry practices (including wastewater pump stations). f. Use the provided updated hydraulic models to acquire results for potable water, wastewater, and IQ water systems using Bentley WaterGEMS and Bentley SewerGEMS software. i. Utilize the models' results to help develop CIP requirements. ii. Develop and evaluate average day, max day, min day, max 3 -day, peak hour, wet season, and dry season scenarios. g. Develop sufficient documentation to support R &R projects including such things as life expectancy of infrastructure components. h. Recommendations provided in the 2013 CCWSD Master Plan shall be based on the goal of providing sufficient system capacity to meet estimated needs and provide reliable water and wastewater services based on existing and recommended level of service standards (consistent with 1.a. above). i. Incorporate by reference the SCADA, GIS, Asset Management, and IT master plans to ensure coordinated efforts and inclusion of compliance related issues. 2. Develop Potable Water (including Wellfield /Plant/Distribution), Wastewater (including Collection /Plant), and IQ Water (including Wellfield /ASR /Supplemental Supplies /Plant/Distribution) CIP with descriptions in a database format that supports sorting and linking. The CIPs shall address and mitigate risks. a. 5 -year CIP (FY 2014 to FY 2019) i. Develop and prioritize projects based on evaluation of systems to maintain level of service to existing customers (potential pipe upsizing /downsizing, pressure zone development, reliability connections for all systems, etc.). Each project should include a level of compliance ranking 1, 2, or 3. Level 1 is sustained compliance. Level 2 is managed compliance. Level 3 is risked compliance. See attached definitions. ii. Develop extended IQ Water Service Area based on priorities in IQ Water Policy. iii. Develop a system segmentation plan and projects to define service areas and monitor water loss and sewer infiltration (system flow meters, velocities, water quality, pressures, septic conditions, pump run time standards, etc.). iv. Develop programs for energy efficiency, lightning protection, real property management, metering, security, power systems, and basin analysis. b. 10 -year CIP (FY 2014 to FY 2024) i. Expand on developed 5 -year CIP. c. 20 -year CIP (FY 2014 to FY 2034) i. Break into 5 -year summaries. RFP CCNA Template-08152012 RFP_CCNATemplate Packet Page -1035- 4/23/2013 16.C.2. d. 50 -year CIP (FY 2014 to FY 2064) i. Break into 10 -year summaries. e. Develop GIS maps to show 5 -year projects and include as an exhibit. Show area of project with year and project identifier. 3. Provide a report detailing the assumptions used to develop deliverables 1 and 2. 4. Assist staff with adoption of the 2013 CCWSD Master Plan. a. Attend up to six (6) public meetings, including: i. Productivity Committee ii. Developmental Services Advisory Committee iii. Collier County Board of County Commissioners b. Assist with preparation of presentations, frequently asked questions (FAA's), and other items required for adoption. Attend rehearsal meetings as needed. 5. Coordinate with the County's contracted rate consultant and special legal counsel, as needed, to confirm all fees (user, impact, and other) are legally sufficient and meet the intent of the current Board Policy as well as FAC's and State Laws. This could include weekly updates or conference calls on development of deliverable 2. The 2013 CCWSD Master Plan will serve as the basis for the development of updated rate structures and impact fees as well as update and expand on strategies developed in previous master plans. Recommendations provided in the 2013 CCWSD Master Plan shall be based on the goal of providing sufficient system capacity to meet estimated demands and to provide reliable service. Level of Compliance Definitions Level 1 - Sustained Compliance under which the County manages the best that can be done to achieve the service level that their customers have expected and continue to expect with no back -ups, no SSOs, no off -site odor emissions, no spills, no off -site noise emissions, sustained quality - compliant wastewater and water services 24/7/365, with no Consent Orders. Level 2 - Managed Compliance where the County takes reasonable risks, which results in deferred planned maintenance and asset management, and taking risk for potential non- compliance letters and enforcement letters where level of service is sustained based on resources available. Level 3 - Risked Compliance with almost certain non - compliance with Consent Orders issued. The reliability of the utility system and the level of service would be compromised with full scale migration toward break -down maintenance resulting in customer service outage, service interruptions, SSO (spills), back -ups and property damage. The final scope of services and deliverables will be determined as a result of negotiations with the top ranked firm(s) in accordance with the CCNA and incorporated into the resultant contract(s). These may or may not include all of the services as described above, and may also include services identified in the submitted proposal responses and /or as the result of negotiation discussions. RFP CCNA Template_08152012 RFP_CCNATemplate Packet Page -1036- 4/23/2013 16.C.2. Term of Contract The contract term, if an award(s) is /are made is intended to be for two (2) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 11/21/2012 Last Date for Receipt of Written Questions 12/17/2012, Noon, Na les Local Time Non - mandatory pre - solicitation meeting 12/12/2012, 10AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Deadline Date and Time 12/21/2012, 3PM, Naples Local Time Anticipated Evaluation of Submittals 1/3/2013 thru 1/11/13 Vendor Presentations if Required TBD Anticipated Completion of Contract Negotiations 1 /14/2013 thru 1/25/2013 Anticipated Board of County Commissioner's Contract 2/12/2013 or Approval Date 2/26/2013 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. RFP CCNA Template 08152012 RFP CCNATemplate Packet Page -1037- 4/23/2013 16.C.2. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non - responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter / Management Summary (0 pts) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2. Tab II, Business Plan (15 pts) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the proposed team. • Detailed plan of approach (including major tasks and sub - tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3. Tab III, Experience and Capacity of Firm (40 pts) Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. List Current Projects in the Format .identified Below Project Original Final Project � Number of Start Date` End Date Change Description "Budget Cos girders RFP CCNA Template-08152012 RFP_CCNATemplate 8 Packet Page -1038- 4/23/2013 16.C.2. 4. Tab IV, Specialized Expertise of Team Members (25) Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub - consultants. If sub - consultants are being utilized, letters of intent from stated sub - consultants must be included with proposal submission. 5. Tab V, References — 5 Completed and Returned (20) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionairs and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Score Points Awarded Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note: Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. RFP CCNA Template 08152012 RFP_CCNATemplate Packet Page -1039- 4/23/2013 16.C.2. 6. Tab VI, Acceptance of Conditions (0 pts) Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals (0 pts) • Attachment 2: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form' • Attachment 5: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 6: Vendor Substitute 9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: License, certifications, informational materials, etc. RFP CCNA Template-08152012 RFP_CCNATemplate 10 Packet Page -1040- Exhibit fl: General RFP Instructions 1. Questions 4/23/2013 16.C.2. Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.colliergov.net /bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. RFP CCNA Template-08152012 RFP_CCNATemplate 11 Packet Page -1041- 4/23/2013 16.C.2. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before December 21, 2012 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Scott D. Johnson Procurement Strategist The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing /General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and seven (7) compact disks (CD's) with one copy of the proposal on each CD in Word. Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Purchasing Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, RFP CCNA Template-08152012 RFP_CCNATemplate 12 Packet Page -1042- 4/23/2013 16.C.2. Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, Would the project manager expect to have presentations /interviews? If yes, you might want to consider adding criteria for presentation /interview interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members shall score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This does not preclude the County from having additional presentations by ranked firms. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top - ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and /or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. RFP CCNA Template-08152012 RFP_CCNATemplate 13 Packet Page -1043- 4/23/2013 16.C.2. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Business Plan 15 pts Experience and Capacity of the Firm 40 pts Specialized Expertise of Team Members 25 pts Customer and Reference Listing 20 pts TOTAL 100 pts Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Vendor, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re- advertise using the same or revised documentation, at its sole discretion. RFP CCNA Template 08152012 RFP_CCNATemplate 14 Packet Page -1044- 4/23/2013 16.C.2. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and /or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and /or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and /or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and /or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and /or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non - conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates RFP CCNA Template 08152012 RFP_CCNATemplate 15 Packet Page -1045- Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity 4/23/2013 16.C.2. and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). Goods and services provided pursuant to If any claim which arises from VENDOR'S this Purchase Order, and their production breach of section 11 (a) has occurred, or is RFP CCNA Template-08152012 RFP_CCNATemplate 16 Packet Page -1046- likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances 4/23/2013 16.C.2. and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of RFP CCNA Template 08152012 RFP_CCNATemplate 17 Packet Page -1047- C) d) this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in 4/23/2013 16.C.2. accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. Packet Page -1048- RFP CCNA Template-08152012 RFP CCNATemplate 18 Exhibit IV: Additional Terms and Conditions for RFP 4/23/2013 16.C.2. 1. Insurance and Bonding Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor RFP CCNA Template-08152012 RFP_CCNATemplate 19 Packet Page -1049- 4/23/2013 16.C.2. shall immediately take steps to have the aggregate limit reinstated to the full extent pc ..... ___ _ --- policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and /or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. t 4. Use of Subcontractors /Subconsultants Bidders on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deem's necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Vendor. 7. Work Orders Subject to Best Value Offer on Fixed Term Contracts RFP CCNA Template_08152012 RFP_CCNATemplate 20 Packet Page -1050- The County eserves the right to order such services from selected firms as may be - 4/23/2013 16.0.2. tY 9 Y -- period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed -term Countywide Agreements for various and miscellaneous services which will be utilized on an as- needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order and with a maximum yearly contract amount of $750,000 per firm. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order shall be active and extended as necessary until completion of such project. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a)collierclerk.com Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Vendor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after RFP CCNA Template-08152012 RFP_CCNATemplate 21 Packet Page -1051- the close of the fiscal ear will not be acce ted or rocessed for a ment unless s 4/23/2013 16 C.2. by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non - responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County lopw RFP CCNA Template-08152012 RFP_CCNATemplate 22 Packet Page -1052- 4/23/2013 16.C.2. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 11. Survivability Bids (ITBs /RFPs): The Consultant /Contractor/Vendor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 13 -6010 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 12. Principals /Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is /are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 13. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 14. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 15. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi,). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required RFP CCNA Template_08152012 RFP_CCNATemplate 23 Packet Page -1053- to provide same within five (5) days upon notification of selection for award. If the firn. 4/23/2013 16.C.2. _ __. _.. _ _ ,_ . _ . . document within the referenced timeframe, the County reserves the right to award to another firm. . _. _ _ . _ 17. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. In addition, consultants that have participated and /or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor RFP CCNA Template-08152012 RFP_CCNATemplate 24 Packet Page -1054- shall be required to maintain records on each employee and make them available 4/23/2013 16.C.2. least four (4) years. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 23. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providinq the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. RFP CCNA Template-08152012 RFP_CCNATemplate 25 Packet Page -1055- 4/23/2013 16.C.2. C0y Adr4rtishatim Sem es Cimsion Purchasing Attachment 1: Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 13 -6010 Public Utilities Master Plan for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP CCNA Template_08152012 RFP CCNATemplate 27 Packet Page -1057- cofter COW-Ity Ads Sete Dior, Purchasing Attachment 2: Vendor Check List 4/23/2013 16.C.2. IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn:Scott D. Johnson CCNA Solicitation: 13 -6010 Public Utilities Master Plan ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Packet Page -1058- Date RFP CCNA Template-08152012 RFP_CCNATemplate 28 Caber county 4/23/2013 16.C.2. Adrninisbabm Ser%Acm Ws& Purchasing Attachment 3: Conflict of interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires Packet Page -1059- RFP CCNA Template 08152012 RFP_CCNATemplate 29 4/23/2013 16.C.2. COT er +C �ama i ty Administrative Services. Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 13 -6010 Public Utilities Master Plan Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by CCNA Solicitation: 13 -6010 Public Utilities Master Plan. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 200_ in the County of in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone: FAX: Signature by: (Typed and written) Title: RFP CCNA Template-08152012 RFP_CCNATempiate 30 Packet Page -1060- Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Packet Page -1061- 4/23/2013 16.C.2. RFP CCNA Template_08152012 RFP_CCNATemplate 31 �1 4/23/2013 16.C.2. t�ou[Ir Ca�arnty A&Inista6ve Services Cliuision Pumliawng Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 13 -6010 Public Utilities Master Plan This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor/ Bidder's proposal as non - responsive Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP CCNA Template-08152012 RFP CCNATemplate 32 Packet Page -1062- Ca er comilty Adm�nislrative services l3ivi�on Purchaang 4/23/2013 16.C.2. Attachment 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone Order Information Address City State FAX Email FAX Zip 2. Company Status (check only one) City Zip Email Remit / Payment Information Address City State FAX Email _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP CCNA Template 08152012 RFP_CCNATemplate 33 Packet Page -1063- 4/23/2013 16.C.2. coT er cour ty Adrnirustrati+ee Services. Division Purchasing Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. x Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence x Professional Liability $2,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate RFP CCNA Template-08152012 RFP CCNATemplate GO Packet Page -1064- 4/23/2013 16.C.2. • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Airport Authority or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP CCNA Template_08152012 RFP_CCNATemptate 35 Packet Page -1065- 4/23/2013 16.C.2. Coder- County AAffwvWabve Servms Dmsw Attachment 8: Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders - Dollars Added : Change Orders - Days Added: Item Crteria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: Packet Page -1066- By RFP CCNA Template_08152012 RFP_CCNATemplate 36